'Friends' ruling brings cheers, jeers

Harassment case pitted free speech against worker rights

LOS ANGELES (MarketWatch) -- One side claimed victory for free speech, while the other vowed to fight another day for employee rights Friday, after a California court ruled that writers for the hit sitcom "Friends" should not face sexual-harassment charges for openly discussing sex at work.

The California Supreme Court issued a ruling late Thursday that said "Friends" writers needed to discuss sex as part of their jobs in creating the show that aired on NBC
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for a decade, ending in 2004.

'I can tell you [that] this is not the end of challenging sexism in Hollywood.'
Jeffrey Winikow, California Employment Lawyers Association

"It was a good day for the First Amendment and free expression," said Adam Levin, attorney for defendants NBC, Time Warner Inc.'s
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Warner Bros. television unit, Bright Kauffman Crane Productions and producers-writers Adam Chase, Gregory Malins and Andrew Reich.

"I think they dodged a bullet," said Jeffrey Winikow, attorney for the California Employment Lawyers Association, which argued in favor of the plaintiff, Amaani Lyle. "I can tell you [that] this is not the end of challenging sexism in Hollywood."

The case was brought to light in 2000 by Lyle, a former writer's assistant who was dismissed in 1999 after four months on the job. Lyle maintained that although she was warned before taking the job that writers could get raucous during the creative process, their discussions went far beyond the scope of what the show discussed.

Lyle said that the writers frequently discussed their personal sexual experiences, made lewd gestures and drawings and, in one instance, discussed having sex with one of the female stars of the show. The latter instance was denied by the defendants, as were several other charges.

"We maintain, as we have since day one in this case, that the majority of the allegations the plaintiff made against us are complete and total fabrications. We now look forward to putting this whole matter behind us," said a statement from Chase, Malins and Reich.

"Friends" focused on the lives and loves of six Manhattan singles and often discussed sex. The show was considered one of the most successful sitcoms in television history and has been credited for catapulting the careers of such stars as Jennifer Aniston.

In their 48-page ruling, justices ruled that sexual-harassment law did not necessarily prohibit discussing sex on the job.

"It is the disparate treatment of an employee on the basis of sex -- not the mere discussion of sex or use of vulgar language -- that is the essence of a sexual-harassment claim," the court's ruling said.

Justices went on to say that the bawdy discussion among writers was necessary, even if those talks didn't lead to material that made it on the air.

"The fact that certain discussions did not lead to specific jokes or dialogue airing on the show merely reflected the creative process at work, and did not serve to convert such nondirected conduct into harassment because of sex," the ruling stated.

The case brought out a number of Hollywood writers in support of the defendants.

A long list of Writers Guild of America members were listed in the court ruling as being on the side of the "Friends" creators, including "All In The Family's" Norman Lear; Steven Bochco, maker of "Hill Street Blues" and "L.A. Law"; and Larry David, co-creator of "Seinfeld" and "Curb Your Enthusiasm." David also is the star of the latter show.

Since the ruling only dealt with California law, it cannot be appealed to the U.S. Supreme Court, Levin said. A trial court refused to hear the case and the Court of Appeals upheld that ruling, as did the state high court.

"This should be the end of the matter," he added.

Lyle's attorney, Scott Cummings, could not be reached for comment. But Winikow, whose organization argued in her favor, said that while the "Friends" case may not been the ideal test for challenging Hollywood, he vowed other instances would arise.

While the nature of "Friends" content often was sexually oriented, writers' rooms even at shows geared toward families still are of a bawdy nature.

"It was a horrible test case for me," Winikow admitted. "But it's a starting point for the legal analysis of future cases."

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